Vithana v Davis

Landlord wins · Belleville · 2020-10-15

Adjudicator

Dale Whitmore

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Amount

<$5K

Landlord

S.V.

Tenant

J.D.

Landlord rep

Paula Stevens

What happened

Landlord applied for an order to terminate the tenancy and evict the Tenant due to substantial interference with reasonable enjoyment. The Landlord served two N5 notices for the Tenant leaving garbage in the common hallway.

The ruling

The tenancy is terminated effective October 26, 2020. The Tenant must vacate the unit by that date and pay the Landlord $188.15, which includes $13.15 per day in compensation for use of the unit from October 17, 2020 until the Tenant moves out, and $175 for the application filing fee. If the Tenant does not pay the full amount by October 26, 2020, they will owe interest starting October 27, 2020.